# The Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008

S.R. 2008/497 · made 11 December 2008 · revised to 6 April 2009

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Housing Benefit Regulations (Northern Ireland) 2006 so as to disregard in the calculation of income the increase in child benefit which takes effect on 5th January 2009. The Regulations cease to have effect at the beginning of April 2009, by which time it is anticipated that personal allowances will be increased by the annual up-rating order.

Made under: Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 122, Section 132, Section 171); The Jobseekers (Northern Ireland) Order 1995 (Article 14, Article 36)

PDFs: Printed copy https://openlegislation.uk/social-security-child-benefit-disregard-regulations-northern-ireland-2008/pdf/nisr_20080497_en.pdf

## Introductory text

Housing; Rates; Social Security
Made 11th December 2008
Coming into operation 5th January 2009
The Department for Social Development makes the following Regulations in exercise of powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and Articles 14(1), (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995, and now vested in it.
Regulation 4 is made with the consent of the Department of Finance and Personnel.
The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

## 1 Citation, commencement, effect and interpretation

(1) These Regulations may be cited as the Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008 and shall come into operation on 5th January 2009.
(2) Subject to paragraph (3) regulations 2 to 4 cease to have effect and are revoked on 6th April 2009; and on and after that date the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations shall have effect as if regulations 2 to 4 had not been made.
(3) Regulation 4 ceases to have effect and is revoked on 1st April 2009 in relation to a claimant whose eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations (calculation of weekly income); and on and after that date the Housing Benefit Regulations shall have effect in relation to such a claimant as if regulation 4 had not been made.
(4) In these Regulations—
“the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006;
“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.
(5) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.

## 2 Amendment of the Income Support (General) Regulations

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## 3 Amendment of the Jobseeker’s Allowance Regulations

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## 4 Amendment of the Housing Benefit Regulations

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## Signature

Sealed with the Official Seal of the Department for Social Development on 11th December 2008
(L.S.)
John O’Neill
A senior officer of the Department for Social Development
The Department of Finance and Personnel consents to regulation 4.
Sealed with the Official Seal of the Department of Finance and Personnel on 12th December 2008
(L.S.)
Adrian Arbuthnot
A senior officer of the Department of Finance and Personnel

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Housing Benefit Regulations (Northern Ireland) 2006 so as to disregard in the calculation of income the increase in child benefit which takes effect on 5th January 2009. The Regulations cease to have effect at the beginning of April 2009, by which time it is anticipated that personal allowances will be increased by the annual up-rating order.
In the case of income support and jobseeker’s allowance, the Regulations apply only to claimants who do not receive a child tax credit. (For those who do, child benefit is already fully disregarded.)
In so far as these Regulations are required, for the purposes of regulation 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

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Source: https://www.legislation.gov.uk/nisr/2008/497 (the official version)
Page: https://openlegislation.uk/social-security-child-benefit-disregard-regulations-northern-ireland-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

